Obtaining a Waiver of the 6-Month Cooling-off Period in Mutual Consent Divorce

The prospect of a six-month mandatory separation period can feel daunting for couples seeking a mutual consent divorce in India. However, there’s a ray of hope – the court has the discretion to waive this 6-month waiver in mutual divorce judgement. This article explores the legalities surrounding this waiver and how to increase your chances of obtaining it.

The Cooling-off Period: A Brief Overview

Section 13B of the Hindu Marriage Act, 1955 (similar provisions exist for other religious laws), mandates a six-month separation period, known as the cooling-off period, for couples filing for divorce by mutual consent. This period serves as a time for reflection and potential reconciliation.

Obtaining a Waiver: Key Considerations

• A waiver of the cooling-off period is not automatic. Couples must present a strong case to the court, supported by evidence that demonstrates their genuine consent for the divorce and the existence of grounds for waiving the mandatory separation period.

• Consulting with an experienced family lawyer specialising in 6-month waiver in mutual divorce judgement is crucial. They can guide you through the legal process, prepare a compelling case, and increase your chances of a successful waiver.

Recent Cases and Implications

In the case of Amardeep Singh v. Harveen Kaur , the Supreme Court held that the minimum 6-month cooling-off period can be waived in mutual divorce cases3. This ruling recognises that irretrievable marriage breakdown is not merely a matter of right but a delicate balance of justice.

Expert Guidance from LawCrust Legal Consulting

LawCrust Legal Consulting, a leading legal service provider in India, understands the complexities of navigating a mutual consent divorce with a waiver request. Our team of experienced family lawyers has a proven track record of successfully guiding clients through this process.

While the cooling-off period can be a hurdle, the ability to obtain a waiver offers some relief for couples seeking a faster and smoother divorce process. However, navigating the legalities and convincing the court require careful planning and strong legal representation.

For expert guidance on obtaining a waiver in your mutual consent divorce case, consider seeking legal advice. Contact LawCrust Global Legal Consulting today.

Call us at +91 8097842911 or email us at bo@lawcrust.com to schedule a consultation.